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…He has not tendered any evidence to support this allegation. 12.…

…The evidence must show an infringement of a right, and the probability of success of the applicant’s case upon trial. That is clearly a standard which is higher than an arguable case.” 13.…

…He submitted that there was no evidence then or even now challenging the calculations.…

…He stated it is only afterwards that the applicant brought in new evidence and there is no way that one can be allowed to bring in new evidence once case is closed.…

…such evidence was not rebutted unless eectively displaced in cross examination.…

…It relied on an number of precedents and Section 157 of the Evidence Act.…

…(b) There was no evidence that the employee was aware of any prohibition to drive as alleged; (c) The employee was not called to give evidence, the onus of proof in such cases being always on the employer; (2) The learned…

…Evidence de bene esse was given by Adriani, the manager of the Horticultural section of the Kakuzi Ltd, the respondent.…

…From the affidavit evidence before me it is clear that the respondents have an interest and rights over the suit property.…

…Considering all the evidence and circumstances of the case it will be unfair to grant an injunction against the respondents in favour of the applicants.…

…The applicant has tried to introduce additional evidence before us to show that judgment had been entered.…

…But rule 54(2) of the Rules of this Court expressly says that no additional evidence shall be adduced at a full court hearing like the one before us.…

…During the trial in the court below, there was evidence which the learned trial magistrate was entitled to and which said evidence the believed which showed that the applicant had left his motor vehicle in a stationery manner…

…It follows from the affidavit evidence that the applicant could not proceed to file an appeal from a Judgment he was not made aware of its existence.…

…In my view the applicant has discharged the burden on the conditions precedent based on the affidavit evidence to support exercise of discretion in its favour under Order 42 Rule 6 of the Civil Procedure Rules.…

…It follows from the affidavit evidence that the applicant could not proceed to file an appeal from a Judgment he was not made aware of its existence.…

…In my view the applicant has discharged the burden on the conditions precedent based on the affidavit evidence to support exercise of discretion in its favour under Order 42 Rule 6 of the Civil Procedure Rules.…

…From the petitioner’s evidence, I am satisfied that the respondent was cruel to her. He absented himself from home so many times, and also drank heavily, and provided no financial or any other support to his family.…

…From the evidence adduced it is clear that there was a valid sale agreement between the defendant as the seller and the plaintiffs as the purchasers of a piece of land known as parcel No 265 at Nairegia Nkare in Narok District…

…The appellant maintains through his counsel that his appeal which he has already filed high chances of success because the trial magistrate failed to adequately consider the evidence on record.…

…It follows from the affidavit evidence that the applicant could not proceed to file an appeal from a Judgment he was not made aware of its existence.…

…In my view the applicant has discharged the burden on the conditions precedent based on the affidavit evidence to support exercise of discretion in its favour under Order 42 Rule 6 of the Civil Procedure Rules.…

…Although the question of the conviction was not canvassed before us, we have assessed and evaluated the evidence on record and we are satisfied that the conviction is sound.…

…This court took the liberty under Section 50 of the Evidence Act to analyze the purported signatures.…

…This court must also address the issue of conicting evidence produced by the parties concerning whether or not the 1st, 2nd and 3rd respondents were actually present when the Applicant was denied access to the suit property…

…Firstly, there is prima facie evidence that suit plots are public land. I say that they are public land because of the involvement of the 1st Respondent in the contested exercise.…

…Amidst all the above noted shortcomings, it would not be proper to let the exercise proceed before hearing the petition which raises triable issues as well as prima facie evidence of violations of the Constitution and the…

…Firstly, there is prima facie evidence that suit plots are public land. I say that they are public land because of the involvement of the 1st Respondent in the contested exercise.…

…Amidst all the above noted shortcomings, it would not be proper to let the exercise proceed before hearing the petition which raises triable issues as well as prima facie evidence of violations of the Constitution and the…

…There is no evidence that Hon. Temu was a Registrar, District or Deputy Registrar within the meaning of paragraph 10 of the Advocates Remuneration Order.…

…It is required there therefore to comply with Rule 3 thereof which provides “every notice of motion shall state in general terms the grounds of the application and where any motion is grounded on evidence by affidavit, a…

…The court was of the opinion that “if joint affidavits were receivable in evidence there would have been provision for words such as these “or deponents” in both rules 3(1) and 4.…